HomeMy WebLinkAboutOrd 673-2014 Rezoning Avery PointeCITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side
of FM 455 and east of the Falls Subdivision)
ORDINANCE NO, 673-2014
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN,
ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN
PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO
EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS;
AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit A
and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set
forth in full; and
WHEREAS, said Property generally located on the north side of FM 455 and east of the Falls
Subdivision being rezoned from "PD - Single Family Residential and Commercial" zoning district
to "PD- Single Family Residential (PD) zoning; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna ("City Council") have given the requisite notices by publication and otherwise and have
held the public hearings as required by law and afforded a full and fair hearing to all property
owners and generally to all persons interested in and situated in the affected area and in the
vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be
amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and
codified as Part III -C of The Anna City Code of Ordinances are hereby amended by changing the
zoning of the Property described in Exhibit A from PD - Single Family Residential and
Commercial to PD — Single Family Residential zoning.
Ord. 673-2014 Rezoning Avery Pointe 1 10-14-14
(ADDITION OF TRACTS D AND E TO ORIGINAL PD)
Except as amended herein, this Planned Development shall conform to any and all applicable
articles and sections of the Anna Zoning Ordinance as it presently exists or may be amended.
Additionally, except as amended herein, this Planned Development shall conform to any and all
applicable sections of Ordinance No. 179-2005 (Rudman F.M. 455 Property Planned
Development District) as it presently exists or may be amended.
1. PLANNED DEVELOPMENT—Tract D
1.1 General Description: Tract D identified on the attached Zoning Exhibit (Exhibit B) is
intended to accommodate single family residential development in the community.
Development standards for Tract D are outlined within this Section.
1.2 Permitted Uses:
a. The permitted uses in Tract D will be the same as those permitted in the "SF -72
Single Family Residential' zoning district.
b. Residential uses as described herein.
c. Parks, playgrounds and neighborhood recreation facilities including, but not limited
to swimming pools, clubhouse facilities and tennis courts.
d. Churches/rectories.
e. Schools -public or private.
f. Utility distribution lines and facilities.
g. Fire stations and public safety facilities.
h. Real estate sales offices during the development and marketing of the residential
areas.
i. Electronic security facilities including gatehouses and control counter.
j. Construction Trailers associated with development for residential, retail, or
commercial uses.
1.3 Building Materials: All main buildings shall have an exterior finish of stone, brick, tile,
concrete, glass, exterior wood or similar materials or any combination thereof. The use
of wood as an exterior building material shall be limited to a maximum of thirty (30)
percent of the total exterior wall surfaces.
1.4 Single Family Homes: Single family homes shall be allowed within Tract D as illustrated
on the attached Zoning Exhibit (Exhibit B).
1.5 Building and Area Requirements: The following development standards shall pertain to
single family uses to be developed within Tract D:
a. Lot Area: The minimum area of any lot with in Tract D shall be seven thousand two
hundred (7,200) square feet.
Ord. 673-2014 Rezoning Avery Pointe 2 10-14-14
b. Minimum Dwelling Size: The minimum area of the main building shall be one
thousand four hundred (1,400) square feet, exclusive of garages, breezeways and
porticos. Also, a minimum of twenty-five (25) percent of the dwelling units within
Tract D shall be one thousand five hundred (1,500) square feet and a minimum of
fifteen (15) percent of the dwelling units within Tract D shall be one thousand six
hundred (1,600) square feet.
c. Lot Coverage: In no case shall more than fifty (50) percent of the total lot area be
covered by the main buildings and accessory buildings. Swimming pools, spas,
decks, patios, driveways, walks and other paved areas shall not be included in
determining maximum lot coverage.
d. Lot Width: The minimum width of any lot shall be sixty (60) feet measured at the
front building line, except for lots at the terminus of a cul-de-sac or on an elbow,
which may have a width of fifty-five (55) feet at the building line; provided all other
requirements of this section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except for
lots at the terminus of a cul-de-sac, or on an elbow, which may have a minimum lot
depth, measured at mid -points on front and rear lot lines, of ninety-five (95) feet:
provided all other requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet.
g. Side Yard: A side yard on one side of the lot shall be six (6) feet and the other side
shall be four (4) feet. The minimum distance between structures shall be ten (10)
feet. A side yard adjacent to a street shall be fifteen (15) feet.
h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet.
L Maximum Building Height: Buildings shall be a maximum of two and a half (2 %)
stories, not to exceed thirty-five (35) feet in height. Chimneys, antennae and other
architectural projections not used for human occupancy may extend above this
height limit.
j. Garages: Garages may be front facing and there is no requirement for "swing"
driveways.
2. PLANNED DEVELOPMENT—Tract E
2.1 General Description: Tract E identified on the attached Zoning Exhibit (Exhibit B) is
intended to accommodate single family residential development in the community.
Development standards for Tract E are outlined within this Section.
Ord. 673-2014 Rezoning Avery Pointe 3 10-14-14
2.2 Permitted Uses:
a. The permitted uses in Tract E will be the same as those permitted in the "SF -72
Single Family Residential' zoning district.
b. Residential uses as described herein.
c. Parks, playgrounds and neighborhood recreation facilities including, but not limited
to swimming pools, clubhouse facilities and tennis courts.
d. Churches/rectories.
e. Schools -public or private.
f. Utility distribution lines and facilities.
g. Fire stations and public safety facilities.
h. Real estate sales offices during the development and marketing of the residential
areas.
L Electronic security facilities including gatehouses and control counter.
j. Construction Trailers associated with development for residential, retail, or
commercial uses.
2.3 Building Materials: All main buildings shall have an exterior finish of stone, stucco (if
approved by the Anna City Council), brick, tile, concrete, glass, exterior wood or similar
materials or any combination thereof. The use of wood as an exterior building material
shall be limited to a maximum of thirty (30) percent of the total exterior wall surfaces.
2.4 Single Family Homes: Single family homes shall be allowed within Tract E as illustrated
on the attached Zoning Exhibit (Exhibit B).
2.5 Building and Area Requirements: The following development standards shall pertain to
single family uses to be developed within Tract E:
a. Lot Area: The minimum area of any lot with in Tract E shall be five thousand four
hundred (5,400) square feet.
b. Minimum Dwelling Size: The minimum area of the main building shall be one
thousand three hundred (1,300) square feet, exclusive of garages, breezeways and
porticos.
c. Lot Coverage: In no case shall more than fifty (50) percent of the total lot area be
covered by the main buildings and accessory buildings. Swimming pools, spas,
decks, patios, driveways, walks and other paved areas shall not be included in
determining maximum lot coverage.
d. Lot Width: The minimum width of any lot shall be fifty (50) feet measured at the
front building line, except for lots at the terminus of a cul-de-sac or on an elbow,
which may have a width of forty-five (45) feet at the building line; provided all other
requirements of this section are fulfilled.
Ord. 673-2014 Rezoning Avery Pointe 4 10-14-14
e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except for
lots at the terminus of a cul-de-sac, or on an elbow, which may have a minimum lot
depth, measured at mid -points on front and rear lot lines, of ninety-five (95) feet:
provided all other requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet.
g. Side Yard: A side yard on one side of the lot shall be six (6) feet and the other side
shall be four (4) feet. The minimum distance between structures shall be ten (10)
feet. A side yard adjacent to a street shall be fifteen (15) feet.
h. Rear Yard: The minimum depth of the rear yard shall be fifteen (15) feet.
Maximum Building Height: Buildings shall be a maximum of two and a half (2 %)
stories, not to exceed thirty-five (35) feet in height. Chimneys, antennae and other
architectural projections not used for human occupancy may extend above this
height limit.
j. Garages: Garages may be front facing and there is no requirement for "swing"
driveways.
GENERAL STANDARDS
1. The design and development of the Avery Pointe community shall take place in general
accordance with Exhibit B.
2. A minimum 6' tall masonry screening wall, as defined in Section 40.01(a)(3)(1) of the Anna
Zoning Ordinance, as amended, shall be located between Tract C and Tracts E(1) and E(2).
The wall shall be constructed in conjunction with the initial development along the common
boundary line, whether the development is nonresidential or residential in nature.
A 3' "wall maintenance" easement shall be provided on adjacent properties at the time of
final platting of those properties.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if
any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be
declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree
Ord. 673-2014 Rezoning Avery Pointe 5 10-14-14
of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall
not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or
provisions of this ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable
words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all
ordinances or parts of ordinances in force when the provisions of this ordinance become
effective that are consistent and do not conflict with the terms and provisions of this ordinance
are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby
repealed only to the extent of any such conflict.
Section S. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation
shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a
violation exists is considered a separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 14th day of October 2014.
ATTESTED:
APPROVED:
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Nath Wilkison, City Secretary Mike Crist, M
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Ord. 673-2014 Rezoning Avery Pointe 6 10-14-14
EXHIBIT "A"
LEGAL DESCRIPTION
Ord. 673-2014 Rezoning Avery Pointe 7 10-14-14
LEGAL DESCRIPTION - TRACT D
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T.
Duffau Survey, Abstract Number 288, being a part of that called 114.608 acre tract of land
described in deed to Anna 455 Residential Partners, L.P., as recorded in County Clerk File No.
20070403000444410, Deed Records Collin County, Texas, and being further described as
follows:
COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to
Market Highway No. 455) (a variable width right-of-way), said point being in the west line of a
called 13.798 acre tract of land described as Tract II in deed to Anna 455 Commercial Partners,
L.P., as recorded in County Clerk File No. 20121119001473740 and County Clerk File No.
20121119001473750, Deed Records Collin County, Texas, and said point being the southeast
corner of Lot 9, Block B of The Falls Phase 1 A, an addition to the City of Anna, as recorded in
Cabinet O, Page 615, Plat Records Collin County, Texas;
THENCE North 00 degrees 13 minutes 06 seconds East, 699.75 feet along the west line of said
13.798 acre tract of land and along the east line of said The Falls Phase IA to a five-eighths inch
iron rod found at the northwest corner of said 13.798 acre tract of land, said point being the
southwest corner of said 114.608 acre tract of land;
THENCE North 00 degrees 43 minutes 25 seconds East, 1278.12 feet along the west line of said
114.608 acre tract of land to the POINT OF BEGINNING of the herein described tract of land;
THENCE North 00 degrees 43 minutes 25 seconds East, 610.88 feet to a five-eighths inch iron
rod found at the northwest corner of said 114.608 acre tract of land;
THENCE South 88 degrees 46 minutes 15 seconds East, 803.32 feet along the north line of said
114.608 acre tract of land to a five-eighths inch iron rod found at the southwest corner of a tract
of land described in deed to Two -J Partners, L.P., as recorded in County Clerk File No.
20080509000562500, Deed Records Collin County, Texas;
THENCE South 88 degrees 49 minutes 57 seconds East, 537.65 feet along the north line of said
114.608 acre tract of land to a point for corner;
THENCE South 01 degrees 10 minutes 03 seconds West, 105.58 feet to a point for corner;
THENCE Southwesterly, 193.99 feet along a curve to the right having a central angle of 04
degrees 49 minutes 57 seconds, a radius of 2,300.00 feet, a tangent of 97.05 feet, and whose
chord bears South 03 degrees 35 minutes 02 seconds West, 193.93 feet to a point for corner;
THENCE South 06 degrees 00 minutes 00 seconds West, 216.61 feet to a point for corner;
THENCE North 84 degrees 00 minutes 00 seconds West, 210.00 feet to a point for corner;
THENCE South 06 degrees 00 minutes 00 seconds West, 61.23 feet to a point for corner;
THENCE Southwesterly, 78.78 feet along a curve to the left having a central angle of 01 degrees
48 minutes 07 seconds, a radius of 2,505.00 feet, a tangent of 39.39 feet, and whose chord bears
South 05 degrees 05 minutes 57 seconds West, 78.78 feet to a point for corner;
THENCE North 84 degrees 00 minutes 00 seconds West, 160.33 feet to a point for corner;
THENCE North 84 degrees 04 minutes 15 seconds West, 61.39 feet to a point for corner;
THENCE North 85 degrees 02 minutes 21 seconds West, 62.06 feet to a point for corner;
THENCE North 86 degrees 16 minutes 57 seconds West, 62.06 feet to a point for corner;
THENCE North 87 degrees 31 minutes 33 seconds West, 62.06 feet to a point for corner;
THENCE North 88 degrees 29 minutes 24 seconds West, 34.19 feet to a point for corner;
THENCE North 88 degrees 49 minutes 57 seconds West, 648.91 feet to the POINT OF
BEGINNING and containing 792,492 square feet or 18.193 acres of land.
Billy M. Logsdc
R.P.L.S. No. 64
August 6, 2014
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LEGAL DESCRIPTION - TRACT E (1)
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T.
Duffau Survey, Abstract Number 288, being a part of that called 8.931 acre tract of land
described as Tract I in deed to Anna 455 Commercial Partners, L.P., as recorded in County Clerk
File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed Records
Collin County, Texas, being a part of that called 20.00 acre tract of land described in deed to
Anna 455 Commercial Partners, L.P., as recorded in County Clerk File No.
20071205001623100, Deed Records Collin County, Texas, and being further described as
follows:
COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to
Market Highway No. 455) (a variable width right-of-way), said point being in the west line of of
a called 13.798 acre tract of land described as Tract II in deed to Anna 455 Commercial Partners,
L.P., as recorded in County Clerk File No. 20121119001473740 and County Clerk File No.
20121119001473750, Deed Records Collin County, Texas, and said point being the southeast
corner of Lot 9, Block B of The Falls Phase 1 A, an addition to the City of Anna, as recorded in
Cabinet O, Page 615, Plat Records Collin County, Texas;
THENCE North 00 degrees 13 minutes 06 seconds East, 699.75 feet along the west line of said
13.798 acre tract of land and along the east line of said The Falls Phase I to a five-eighths inch
iron rod found at the northwest corner of said 13.798 acre tract of land, said point being the
southwest corner of a called 114.608 acre tract of land described in deed to Anna 455 Residential
Partners, L.P., as recorded in County Clerk File No. 20070403000444410, Deed Records Collin
County, Texas;
THENCE South 88 degrees 56 minutes 01 seconds East, 1867.41 feet along the south line of said
114.608 acre tract of land to a five-eighths inch iron rod found in the north line of said 20.00 acre
tract of land, said point being the POINT OF BEGINNING of the herein described tract of land;
THENCE South 88 degrees 56 minutes 01 seconds East, 773.85 feet along the south line of said
114.608 acre tract of land to a point for corner at the southeast corner of said 114.608 acre tract
of land, said point being the northeast corner of said 8.931acre tract of land, and said point being
in the west line of Settlers Way, an addition to the City of Anna, as recorded in Cabinet P, Page
967, Plat Records Collin County, Texas;
THENCE South 00 degrees 46 minutes 06 seconds West, 725.14 feet along the west line of said
Settlers Way to a one-half inch iron rod set in the east line of said 8.931 acre tract of land, said
point being in the north line of White Street;
THENCE North 87 degrees 35 minutes 35 seconds West, 328.93 feet along the north line of
White Street to a one-half inch iron rod set in the east line of called 0.700 acre tract of land
described in deed to Ronny and Linda Brown, as recorded in Volume 1076, Page 564, Deed
Records Collin County, Texas;
THENCE North 01 clegrees 06 minutes 10 seconds East, 199.27 feet along the east line of said
0.700 acre tract of land to a one-half inch iron rod set at the northeast corner of said 0.700 acre
tract of land;
THENCE South 78 degrees 02 minutes 13 seconds West, 154.45 Leet to a one-half inch iron rocs
found at the northwest corner of said 0.700 acre tract of land;
THENCE North 02 degrees 58 minutes 00 seconds East, 60.69 feet to a five-eighths inch iron
rod found for corner;
THENCE North 88 degrees 44 minutes 01 seconds West, 267.79 feet to a one-half inch iron rod
set in the north line of Lot 1, Block A of Summer Hill Addition, an addition to the City of Anna
as recorded in Volume 2011, Page 22, Plat Records Collin County, Texas;
THENCE North 32 degrees 44 minutes 52 seconds West, 61.47 feet to a one-half inch iron rod
set for corner;
THENCE North 01 degrees 15 minutes 59 seconds East, 440.33 feet to the POINT OF
BEGINNING and containing 462,587 square feet or 10.620 acres of land.
Billy M. L, Jr.
R. P.L.S. N=4 7
August 6, 2014
LEGAL DESCRIPTION - TRACT E (2)
BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T.
Duffau Survey, Abstract Number 288, being a part of that called 13.798 acre tract of land
described as Tract II in deed to Anna 455 Commercial Partners, L.P., as recorded in County
Clerk File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed
Records Collin County, Texas, being a part of that called 20.00 acre tract of land described in
deed to Anna 455 Commercial Partners, L.P., as recorded in County Clerk File No.
20071205001623100, Deed Records Collin County, Texas, and being further described as
follows:
COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to
Market Highway No. 455) (a variable width right-of-way), said point being in the west line of
said 13.798 acre tract of land, and said point being the southeast corner of Lot 9, Block B of The
Falls Phase IA, an addition to the City of Anna, as recorded in Cabinet O, Page 615, Plat
Records Collin County, Texas;
THENCE North 00 degrees 13 minutes 06 seconds East, 300.00 feet along the west line of said
13.798 acre tract of land and along the east line of said Lot 9 to a one-half inch iron rod set at the
POINT OF BEGINNING of the herein described tract of land;
THENCE North 00 degrees 13 minutes 06 seconds East, 399.75 feet along the west line of said
13.798 acre tract of land and along the east line of said The Falls Phase IA to a five-eighths inch
iron rod found at the northwest corner of said 13.798 acre tract of land, said point being the
southwest corner of a called 114.608 acre tract of land described in deed to Anna 455 Residential
Partners, L.P., as recorded in County Clerk File No. 20070403000444410, Deed Records Collin
County, Texas;
THENCE South 88 degrees 56 minutes 01 seconds East, 1370.89 feet along the south line of said
114.608 acre tract of land to a five-eighths inch iron rod found in the north line of said 20.00 acre
tract of land;
THENCE Southwesterly, 118.66 feet along a non -tangent curve to the right having a central
angle of 04 degrees 14 minutes 58 seconds, a radius of 1,600.00 feet, a tangent of 59.36 feet, and
whose chord bears South 04 degrees 05 minutes 07 seconds West, 118.64 feet to a five-eighths
inch iron rod found for corner;
THENCE South 06 degrees 12 minutes 36 seconds West, 280.34 feet to a five-eighths inch iron
rod found for corner;
THENCE North 89 degrees 01 minutes 12 seconds West, 1,333.59 fleet along to the POINT OF
BEGINNING and containing 539,522 square feet or 12.393 acres of land.
Bills, M. Logsd(ii, 1.
RRL.S. No. 6
August G, 2014
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....................
Y. M:. LOGSDON .SJR,
_ 6487 '
EXHIBIT "B"
CONCEPT PLAN
Ord. 673-2014 Rezoning Avery Pointe 8 10-14-14
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